Supreme Court of Illinois

In a claim for full payment under an uninsured motorist policy for the death of a Chicago fire paramedic struck by an uninsured motorist after responding to an emergency call, judgement for the insurer is reversed where: 1) the wording of the policy's setoff language was not specific enough to encompass a situation where the city paid for the expenses of decedent's last illness, pursuant to a Pension Code provision providing for payment of medical expenses incurred as a result of injuries sustained in the line of duty; and 2) insofar as the setoff language is ambiguous, it should be construed in favor of the insured and against the insurance company which drafted the policy.

Appellate Information

• Decided 06/08/2007
• Published 05/19/2005

Judges

• Justice FITZGERALD delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• John R. Adams and Frank C. Stevens, of Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for appellant.


• For Appellees:
  
• Joseph A. Power, Jr., and Devon C. Bruce, of Power, Rogers & Smith, P.C., Chicago, for appellee.